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CHARLES E. SLACK,
Plaintiff
IN THE COURT OF COM'AON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO.
vs.
DAVID F, STIRLING and
LINDA A. STIRLING, his wife,
Defendants
ACTION TO QUIET TITLE
COMPLAINT
AND NOW, comes the Plalnllff, CHARLES E. SLACK, by and through his attorney, Charles
E. Shields, III, Esquire, of 2 West Main Street, Mechanlcsburg, Cumberland County,
Pennsylvania, and makes this complaint against the Defendants named herein, their heirs.
devisees, executors, administrators, successors, agents, and assigns and any and all other
persons known or unknown who ere claiming or may claim by, under, or through the Defendants
named herein, any right, title, estate, lien or Interest In the real estate property described
herein adverse to the Plaintiff's title and for cause of action alleges the following;
1 . The Plaintiff Is Charles E, Slack, an adult Individual who resides at the subject
premises, which has an address of 3810 Goltvlew Drive, Mechanlcsburg, Hampden Township,
Cumberland County, Pennsylvania, 17055 and which Is aiso designated as tax parcel # 10-16-
1056-010.
1a. The Defendants are David F. Stirling and LInda A, Stirling, his wife, who are adult
Individuals who reside at premises having an address of 1013 S. Waterford Way,
Mechanlcsburg, Hampden Township, Cumberland County, Pennsylvania, 17055,
I. RE: PLAINTIFF AND HIS PREMISES
2. Plaintiff acts for himself and his heirs, devisees, executors, administrators, and assigns
In this mailer.
3. The said Plaintiff has been conllnuously In possession of and resident on the said
premises for a period In excess of twenty.one (21) years.
4. The said Plaintiff has paid property taxes on the said premises for a period In excess of
twenty-one (21) years.
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5. The subJect premises consists of a tract of two (2) Acres, more or less, described as
follows:
ALL THAT CERTAIN piece or parcel of land slluate In the Township of
Hampden, County of Cumberland and State of Pennsylvania, bounded and described
as follows, to wit:
BEGINNING at a point In the public road at comer of lands now or
formerly of Ezra Wertz: thence by lands of the sl'lld Ezra Wertz along a fence line,
North 01 degree 45 minutes East, six hundred ninety-seventy. nine (679) feet to
a point; thence South 88 degrees 15 mlm:tes East, seventy-three (73) feet,
more or less, to a hickory tree on the bank of the run; thence down said run by
the center of Its channel as It flows, five hundred forty-one (541) feet, more or
less, to lands now or formerly of George A. Brooks; thence by lands now or
formerly of the said George A. Brooks. South 31 degrees West, filly (50) feet 10 a
pin; thenco by the same, South 08 degrees 30 minutes East, one hundred
seventeen (117) feet to a point In the center line of the aforesaid public road;
thence along said public road, South 87 degrees 45 minutes West, two hundred
one (201) feet, more or less, to a point In the center of the same, the place of
BEGINNING. CONTAINING two (2) acres, more or less.
HAVING thereon erected a single family dwelling known and numbered as
3810 Golfvlew Drive, Mechanlcsburg, Pennsylvania.
II. RE: PLAINTIFF'S CHAIN AND DERIVATION OF TITLE.
6. The Commonwealth of Pennsylvania delivered a warrant, numbered 575, for a larger
tract of land then situate In East Pennsborough Township, now Hampden Township, totalling
220 Acres dated June 20, 1808, to Edward Burd, Esquire and Sarah Lea, Executors of Edward
Shippen late of the city of Philadelphia, Esquire, deceased and Trustees for the heirs and devises
of the said Edward Shippen and to Joseph Shippen of the Borough of Lancaster, County of
Lancaster, Esquire.
7. Said warrant and the survey made thereon were completed Qn July 25, 1808 and were
returned on August 18, 1808 and accepted on August 24, 1808, and showed, pursuant to the
surveyor's draft, a tract of 223 Acres, 76 perches plus allowance of six (6%) per cent for
roads, etc" recorded In Survey Book "C," volume 9, page 125. (see ropy of said drall made by
William Wheeler, Deputy Surveyor, attached hereto as Exhibit A).
8. Subsequently, the said warrantees, on August 19, 1808, obtained a Patent from the
Commonwealth of Pennsylvania to these said lands, called "Florence", which was accepted and
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recorded In Patent Book "P," volume 63, page 297 on August 24, 1808. whereby the said
warrantees obtained ownership In fee In their various capacllles.
9. The said Patentees, granted the said tract known as "Florence" to Jacob Miller of the
County of Cumberland, yeoman, by deed dated September 19, 1808 and recorded October 31,
1809 In the Recorder's Office In and for Cumberland County In Deed Book "T," volume 1, page
254.
1 O. Abraham Miller and Abraham Brelz, Executors of the last will and testament of the said
Joseph Miller, deceased, granted and conveyed a tract of 124 acres and 51 perches. neat
measure, being the southem part of the said "Florence" tract, to Joseph Eslinger by deed dated
April 13, 1840 and recorded April 14, 1840 In the Recorder's Office aforesaid In Deed Book
"55," volume 1, page 361. (see Exhibit B.)
11 . James T. Durfee, Esquire, Clerk of the Orphans' Court for the County of Cumberland, In
the Commonwealth of Pennsylvania, pursuant to an order of the said Orphans' Court, granted
and conveyed the aforesaid southern part of said "Florence" to Samuel L. Eslinger, by deed dated
November 6, 1899 and recorded November 22, 1899 In the Recorder's Office aforesaid In Deed
Book "Z," volume 5, page 429. (Hampden Township having been formed out of East
Pennsborough [now spelled Ponnsborol Township, In 1845, the tract was designated as being
situate partly In Hampden Township and partly In East Pennsboro Township).
12. The said Samuel L. Eslinger and Mary J. Eslinger, his wife, granted and conveyed the
same said tract to Henry E. Barley by deed dated and recorded on April 1, 1907 In the
Recorder's Office aforesaid In Deed Book "D," volume 7. page 137.
13. The said Henry E. Barley and Helen M, Barley, his wife, granted and conveyed the same
said tract to Salvatore Acrl by deed dated December 15, 1923 and recorded December 17, 1923
In the Recorder's Office aforesaid In Deed Book "5," volume 9, page 301.
14. The said Salvatore Acrl and Felomlna Acrl, his wife, granted and conveyed a part of the
said tract consisting of approximately two and one-half (2 1/2) Acres, and bounded on the east
by the center line of a run, to Samuel R. Brooks and Mary C. Brooks, his wife, by deed dated May
6, 1939 and recorded July 27, 1940 In the Recorder's Office aforesaid In Deed Book "E,"
volume 12, page 281.
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15. The descripllon In said deed Is as follows:
BEGINNING at a point In Ihe public road and at corner of lands herein
conveyed and land of Ezra Wertz; thence along land of Ezra Werlz following a
fence line, North 1 degree and 45 minutes East 679 feet to a point; thence by
other lands of the grantors South 88 degrees and 15 minutes East 73 feet, more
or less, 10 a Hickory Tree on the bank of the run: thenco down said run by the
center of lis channel as It flows 856 feet, more or less, to the center of the public
road; thence along the public road and other lands of the grantors and Harvey
Meck South 87 degrees and 45 minutes West 483 feet, more or less, to the point
In the center of said publiC road at the line of Ezra Wert%, the place of Beginning,
(Emphasis added). (see Exhibit C which shows the boundaries of Barley's Deed to
Acrl, Exhibit D which uses II as a basis and overlays Acrl's deed to Brooks with
designations of further subdivisions for the Plalnllff Mr, Slack, and his neighbor,
Mr. Tippett. Also, see Exhlbll E which shows the pertinent parts of a survey by
Mr. Rechel which was attached to Deed 19 Q 335 as an Exhibit).
16. The said Mary C, Brooks departed this earthly life on April 5, 1963 whereupon full
title vested In her surviving husband, the said Samuel R. Brooks. He departed this earthly life
on August 21, 1963. Ruth I. Brewbaker, Executrix of his last will and testament, granted and
conveyed a part of the said tract being the SUbject premises herein, to the Plalnllff herein,
Charlas E. Slack and Flora F. Slack, his wife, by deed dated November 6, 1963 and recorded
November 7, 1963 In the Recorder's Office aforesaid In Deed Book "A," volume 21, page 538,
1 7. The description In said deed Is a follows:
BEGINNING at a point In the public road at comer of lands now or
formerly of Ezra Wertz; thence by lands of the said Ezra Wertz along a fence line,
North 1 degree 45 minutes East, six hundred seventy-nine (679) feet to a point;
thence South 68 degrees 15 minutes East, seventy-three (73) feet, more or less,
to a hickory tree on the bank of the run: thence down said run by the center of lis
channel as Illlows, live hundred forty-one (541) feet, more or less, to lands of
George A. Brooks, South 31 degrees West, fifty (50) feet to a pin; thence by the
same, South 8 degrees 30 minutes East, one hundred seventeen (117) feet to a
point In the center line of the aforesaid publiC road; thence along said public road,
South 87 degrees 45 minutes West, two hundred one (201) feet, more or less, to
a point In the center of the same, the place of BEGINNING. (emphasis added).
18. The said Flora F. Slack departed this earthly life 011 January 4, 1967 where upon full
title vested In her husband, the said Charles E. Slack, who subsequently Intermarried with Elma
S. Slack. The said Charles E. Slack and the said Elma S. Slack, granted and conveyed the said
premises to themselves, as husband and wife, by deed dated August 1, 1977 and recorded August
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2, 1977 In the Recorder's Office aforesaid In Deed Book "I," volume 27. pago 317.
1 9. The said Elma S. Slack has since departed this earthly life whereupon full title to the
subject premises vested In the Plaintiff herein.
III, RE: DEFENDANTS' CHAiN AND DERIVATION OF TITLE.
20. Defendants' chain of litle Is derived from the same primary sources as Is Plalnliffs as Is
more fully outlined and explained In Paragraphs 6 through 13 above,
21 . After Salvatore Acri and Felomlna Acrl, his wife. had already granted and conveyed the
tract referred to In Paragraphs 14 and 15 above to Samuel R, Brooks and Mary C. Brooks, his
wife. the said Acrls granted and conveyed a large tract composed of what were once four separate
farms, Including the balance of the Barley tract to Ovldlo Acrl and Ellgio Acrl. by deed dated and
recordod May 27, 1941) In the Re<:order's Office aforesaid In Deed Book "D," vohJme 12, page
375.
22. The descrlplion In said deed is as follows:
BEGINNING at a point near a white oak tree along the public road and
opposite the land of Mrs. Amold (Bretz Estate) and at the land conveyed to Edward
B. McClune; thence North 67 degrees East 575 feet, more or less, to an Iron road
at the comer of the land of Samuel R. and Ruth A. Moore land North 39 degrees
East 263 feet to the site of hickory stump near a sour cherry tree and at comer
of the land of Ralph Early; thence along the land of Ralph Eastly North 88 degrees
East 73 perches (1204,5 II.) to a stone; thence by same South 39 degrees 15
minutes East 18.5 perches (305,25 ft.) to a stump; North 61 degrees East 53
perches (874.5 II.) to a point In the Holtz Run and other lands of S. Acrl,
grantor; thence down Hollz Run South 34 degrees 45 minutes east 12.6 perches
(207.9 ft.); thence by same South 61 degrees 15 minutes East 8 perches (132
ft.); thence by same South 45 degrees 45 minutes East 15.3 perches (252.45
ft.) to a point In the run; thence stili by the land of S. Acrl South 52 degrees 45
minutes West 14 perches (231 II.) to a chestnut oak; thence by same South 72
degrees 15 minutes West 6 perches (99 II.) to a stone; thence still by Acrl South
12 degrees 45 minutes East 19,5 perches (321,75 ft.) to a point where the
Comman farm Joins the Holtz farm; thence by the same bearing 32.5 porches
(536.25 ft.) a total of 858 feet to comer of the Moore Farm; thence slill by Acrl
land North 81 degrees 45 minutes East 443.85 feet, more or less to a black oak,
at the comer of the land of C. Mafaro; thence by Magaro land South 32 degrees 45
minutes East 34.3 perches (565.95 ft.) to the comer of the Magaro land at or
near a cherry trae; thence by same North 83 degrees East 8.5 perches (140.25
ft.) more or less, to a point In the Holtz run; thence Southeasterly In the center
of the run 375 feet to a point In the run at the land of Edward B. McClune and near
a pine tree; thence along the line of McClune South 541/2 degrees West 120
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feet. more or less, to a dogwood tree; thence sllll by McClune following e fence
Une South 21 degrees 30 mlnules East 212 feet 10 a bend In the fence line; thence
by same South 0 degrees 30 minutes East along the fence 573 feet to a bend In the
fence; thence South 7 degrees East 200 leet, more or less, to a post at corner of
the fence Line; thence still by McClune North 87 1/2 degrees East 520 feet,
more or less, 10 the Conodogulnet Creek; thence Southerly up along the creek
2130 feet, more or less, to the line of land of Herman Grennlnger; thence along
Ihe Grennlnger land South 87 degrees West 127 perches (2095.5 ft.) to a point
at the line of the land of Harvey Meek; thence along the Meek land North 48
degrees West 285 feet, more or less, tn a point In the run and at land of Samuel L.
And MarY C. Brooks: thence UD the run and bv the land of Brooks NorthwAAterlv
880 faat. mora or lass. to a hlckor:y traa; thence by same North 883/4 degrees
Wost 70 feet to the line of I. C, Wertz; thence along the land of Wertz North 1 1/4
degrees East 1035 feet, more or less to a point; thence by same North 12 degrees
East 958.65 feet to a point at the line 01 the Holtz farm, thence stili by Wertz
South 80 degrees 30 minutes West 5.24 perches (86.46 ft.) to a point at the
comer formerly of Ihe Cornman farm; thence sllll by Wertz North n degrees
West 62.2 perches (1026,3 II.) to a point; thence by same North 75 degrees
West 30.2 perches (498.3 fl.) to a post; thence by same South 9 degrees 30
minutes West 28.3 perches (467 II,) to a comer; thence by I. C. Wertz South 83
degrees 15 minutes West 34.76 parches (573.54 II,) to the line of the land of
George Feister; thence by Feister land North 4 degrees 30 minutes East 31.1
perches (513.15 fl.) to a point; thence by same North 16 degrees 15 minutes
East 42.6 perches (702.9 ft.) to a corner at public road; thence along the same
North 85 degrees West 37,5 perches (618.75 ft.) to the comer 01 publiC roads:
thence along public road and the land of G. C. Rolh North 14 degrees 15 minutes
East 965 feet to a point at or near the white oak tree, the place of BEGINNING.
CONTAINING three hundred and thlrty.flve (335) acres, more or less.
(emphasis added) (Inconsistencies In spelling and the like are In original.)
23. The successors In IIlIe to the said Acrls, to wit: CCNB Bank, N.A., of Camp Hili,
Cumberland County, Pennsyivanla, Trustee of the Elizabeth Mary Acrl Trust, and Elizabeth
Mary Acrl, widow, of East Pennsboro Township, Cumberland County, Pennsylvania, and CCNB
Bank, N,A. and Michael F. Acri, Co-executors of the Estate 01 Ellglo E. Acrl, granted and conveyed
a tract of approximately 145 Acres, Including the area bounded on the herein mentioned run,
subject to some reservations and exceptl:ms, to South Central Service Corporallon, a
Pennsylvania Corporation, Chester J, Acker and Helen M, Acker, his wile, and Hampden Square
Development Company, a Pennsylvl:Jnla Limited Partnership, by its General Partner, Detweiler
Enterprises, Inc., by deed dated June 25, 1982 and recorded June 29, 1982 In the Recorder's
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Office aforesaid In Deed Book "U," volume 29, page 983.
24. The description in said deed Is as follows:
BEGINNING at a spike In the center of a public road; thence along lands
now or formerly of S. Acrl, North 81 degrees 45 minutes East, 253.85 feet to a
black oak; thence along lands now or formerly of C. Magaro, South 32 degrees 45
minutes East, 565.95 feet to a point near a cherry tree; thence along lands now
or formerly of C. Magaro, North 83 degrees East, 140.25 feel to a point In the
Holtz Run; Ihence southeastwardly along the center of the Holtz Run, 375 feel to a
point near a pine tree; thence along lands now or formerly of Edward B. McClune,
South 54-1/2 degrees West, 120 feet to a dogwood tree; thence by lands now or
formerly of Edward B. McClune, South 21 degrees 30 mlnules East, 212 feet to a
bend In the fence line; thence by lands nor or formerly of Edward B. McClune,
South 00 degrees 30 minutes East, 573 feet to a bend in the fence; thence along
lands now or formerly of Edward B. McClune, South 07 degrees East, 200 feet to
a post 520 feet from the west bank of the Conodogulnet Creek; thence southwardly
along lands nor or formerly of Ovldlo Acrl, 2130 feet, more or less, to a point In
lands nor or formerly of Herman Grennlnger, 520 feet from the west bank of the
Conodogulnet Creek; thence along lands now or formerly of Herman Grennlnger,
South 87 degrees West, 1575,5 feet to a point; thence along lands nor or
formerly of Harvey Meek, North 48 degrees West, 285 feet to a point In a Run:
thence northwardly alone said Run. 860 feat to a hickory trees; thence along
lands nor or formerly of Samuei L, Brooks, et ux, North 88-3/4 degrees West,
70 feet to a point; thence along lands nor or formerly of I. C. Wertz, North 1.
1/4 degrees East, 1035 feet to a point; thence along lands now or formerly of I.
C. Wertz, North 12 degrees East, 958,65 feet to a point; thence along lands nor
or formerly of I. C. Wertz, South 80 degrees 30 minutes West. 85.46 feet to a
point; thence along lands nor or formerly of I. C. Wertz, North 77 degrees West,
150 feet, more or less, to a stake; thence along lands now or formerly of Ovidlo
Acrl, North 15 degrees East, 286.5 feet to a stake; thence along lands now or
formerly of Ovldlo Acrl, South 80 degrees 38 minutes East, 1315 feet to a center
of a public road; thence along the center of said public road, North 03 degrees 05
minutes East 516 feet to a stake In the center of said public road; thence along the
center of said public road, North 64 degrees 33 minutes West, 155.8 feet to a
stake In the center of said public road; thence along the center of said public road,
North 10 degrees 47 minutes West, 493 feet to a spike, the Place of BEGINNING.
CONTAINING 145 acres and 60 perchos, more or less. (emphasis added)
25. Subsequent to the signing, sealing, delivery and acceptance of the aforesaid deed from
CCNB Bank, N.A., et ai, to South Central Service Corporation, et ai, In or about April of 1989,
Gannett Fleming Civil Engineers apparently proceeded to surveyor approved a survey of the
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aforesaid described property clearly bounded by the center line of the run separating the said
property from that of Messrs. Slack and Tlppell.
26. In connecllon with said survey, a subdivision plan was prepared for the owners: South
Central Service Corporation; Chesler J. Acker and Helen M. Acker, his wife; and Hampden
Square Development Company and for the Developer: pamay Development Company, Inc.
27. The said subdivision plan Includes an owner's statement which states: "It Is hereby
certllled that the undersigned has legal or equitable tllle to the land shown." Tha statement Is
then signed by the said owners or thalr authorized representatives,
28. Based at least partly upon said representallon, the said subdivision plan was
recommended for approval by Ihe Hampden Township Planning Commission on May 11, 1989,
was reviewed by the Cumborland County Planning Commission on May 18, 1989, was examined
by the Hampden Township Board of Commissioners on June 6,1989, was approved by the
Hampden Township Engineer on June 22, 1989 and was recorded In the Recordar's Office
aforesaid on June 23, 1989 In Plan Book 58, page 79 under the title: "Phase VIII, Final
Subdivision Plan of Klngswood,"
29. Said Final Subdivision Plan totally and f1agranlly Ignored the clearly established
boundary of long standing betwean the tract surveyed and designated on said Subdivision Plan as
"Out Parcel" and that of Messrs, TlppeU and Slack.
30. Pursuant to said Final Subdivision Plan, South Central Service Corporation, Hampden
Square limited Partnership, Chester J, Acker and Helen M, Acker, his wife, gran led and
conveyed the said "Out Parcel" of approximately 17.502 Acres to pamay Development Co., Inc.,
a Pennsylvania business Corporation with Its principal olllces In Hampden Township,
Cumberland County by deed dated August 7,1989 and recorded August 8, 1989 In the
Recorder's Office aforosald In Daed Book "C," volume 34, page 318.
31 , The description in said deed Is as follows:
BEGINNING at a point on the northerly sideline of Goltvlew Drive, a fifty
foot (50') public rlght-of.way at the northeastern corner of an area shown as
"out parcel" on the aforesaid plan: thence by Gollvlew Drive the following five
courses and distances: 1. South seventy-five degrees forty-six minutes twenty
seconds West (5 750 46' 20" W), a distance of eighty-one and five one
hundredths feet (81.05'); 2, By the arc of a curve to the left having a radius of
four hundred feet (400'), an arc length of one hundred eight-two and slxty-
seven one hundredths feel (182.67'); 3. South forty-nine degrees thlrty.slx
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minutes twenty seconds West (5 49. 36' 20" W), a distance of eighty-six and
six one hundredths feet (86.06'); 4. By the arc of a curve to the right having a
radius of three hundred seventy feet (370'), an arch length of one hundred
seventeen and seventy-five one hundredths feet (117,75'); and 5. South
sixty-seven degrees fitly minutes twenty seconds West (5 67. 50' 20' W). a
distance of ninety and filly-nine one hundredths feet (90.59'); thence by lands
now or formerly of C. E. Slack. the fallnwlnQ five is} courses and dlstllnces: 1.
North sbcty deoro9s forty-one minutes forty-eight seconds West iN 80" 41' 48"
WL 8 dlstanca of one hundred twelve and slxhi9n one hundredths f991 1112.16'\:
2. North fifty-nino daor09& thirty-five mlnuto& two seconds West iN 590 35'
02" W\. a distance of alohty-nlne and slxty.flve one hundradtha '991 IBQ.eS'}:
3. North twenty-four deorees filly-two minutes fifty-one second!l West eN 24.
52.:.5.1" W\. a distance of two hundred el9htBon And seventoen one hundredths
feet 1218.17'\: 4. North ten dOQrBelS 'wanly-seven minutes flfty.t\vo sat:onds
West iN 100 27' 52" WL II dlstanco of thre9 hundred nlnetv.nine and ninety-
one hundredths feet /399.91 'I: 5. North eighty-six degrees thlrty.one
minutes fifty-one seconds West iN 860 31' 51" WL a distance of a9vantv.thr99
feel /73'1 to B point; thence by lands now or formerly of Pamay Development Co.,
Inc, the following eight courses and distances: 1. North eight degrees thirty-
two minutes twenty seoonds West (N 08. 32' 20" W), B distance of ninety-five
and sixty-three one hundredths feet (95,63'); 2, North seven degrees seven
minutes fifteen seconds West (N 07. 07' 15" W). a distance of four hundred
ninety-eight and thirty-four one hundredths feet (498,34'); 3. North forty-
seven degrees zero minutes zero seconds West (N 47' 00' 00" W), a distance of
nine and thirty-two one hundredths feet (9,32'); 4. North fourteen degrees
nineteen minutes twenty-one seconds East (N 14. 19' 21" E), a distance of two
hundred seventy-seven and eight-three one hundredths feet (277.83'); 5.
North eleven degrees tlln minutes thirty-nine seconds West (N 110 10' 39" W),
a distance of two hundred twenty-four feet (224'); 6, North twenty-three
degrees twenty-five minutes thirty-nine seconds West (N 23' 25' 39" W), a
distance of one hundred five and seventy -six one hundredths feet (105.76');
7. North forty-four degrees twenty-three minutes fifty seconds East (N 44. 23'
50" E), a distance of thlrty,elght and ninety-eight one hundredths feet
(38.98'); and 8, North fourteen degrees seventeen minutes three seconds East
(N 14. 17' 03" E), a distance of thirty-four and thirteen one hundredths feet
(34.13') to a point; thence by lands now or formerly of South Central Service
Corporation, et . ai., the following two (2) courses and distances: 1. South
seventy-five degrees forty-two minutes fifty-seven seconds East (5 750 42'
57" E), a distance of ninety-nine and forty one hundredths feet (99.40'); 2.
North fourteen degrees twenty-seven minutes fifty-five seconds East (N 14' 27'
55" E), a distance of seventy feet (70') to a point; thence by lands now or
formerly of Tha Highlands of Hampden Square Partnership, the following ten
(10) courses and distances: 1. South seventy-five degrees thirty-two minutes
five seconds East (S 75. 32' 05" E). a distance of two hundred seventy-two and
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three one hundredths feet (272.03'); 2, South twenty-eight degrees thirty-
six minutes thirty-nine seconds West (S 28" 36' 39" W), a distance of two
hundred flIIy.elght and forty-six one hundredths feet (258.46'); 3, South
fourteen degrees zero minutes zero seconds Easl (S 14" 00' 00" E), a distance of
seven hundred sixty-five feet (765'); 4. North seventy-six degrees zero
minutes zero seconds East (N 76" 00' 00" E), a distance of one hundred forty.
feet (140'); 5, South fourteen degrees zero minutes zero seconds East (S 14'
00' 00" E), a distance of Iwo hundred sixty feet (260'); 6, South seventy-six
degrees zero minutes zero sllconds West (5 76' 00' 00" W), a distance of one
hundred forty feet (140'); 7, South fourteen degrees zero minutes zero
seconds East (5 14" 00' 00" E), a distance of two hundred fifty-live feet
(255'); 8, South forty-six degrees zero minutes zero seconds East (5 140 00'
00" E), a distance of one hundred seventy-live feet (175'); 9. North eighty.
six degrees twenty-five minutes flfly-nlne seconds East (N 860 25' 59" E), a
distance of one hundred slxty.four and forty-five one hundredths feet
(164,45'); 10. North sixty-eight degrees thirty-eight minutes filly seconds
East (N 68' 38' 50" E), a distance of one hundred feet (100') to a point; thence
by lands now or formerly of Kormushoff, South fourteen degrees thirteen
minutes forty seconds East (5 14" 13' 40" E), a distance of one hundred five feet
(105') to a point on the northerly sideline of Goltvlew Drive, the point and place
of BEGINNING.
CONTAINING 17.5020 Acres. more or less. (emphasis added to area of
boundary along lands of Messrs, Tlppell and Slack; also note the second call
therein Is erroneously described as N 59" 35' 02" W, whereas the plan as
recorded lists this call as N 69" 35' 02" W). (Also, several minor variations In
wrllten number versus numeral are In original.)
32. The said Pamay Development Co., Inc. granted and oonveyed the same tract Immediately
described above to Highlands of Hampden Square Partnership, a Pennsylvania Partnership by
deed dated August 7, 1989 and recorded August 9, 1989. In the Recorder's Office aforesaid In
Deed Book "C," volume 34, page 373,
33. In the meantime, for tha purposes and benefil of the said Hampden Square Partnership,
In or about March of 1989, Act One Consultants, Consulting Engineers apparently proceeded to
surveyor approved a survey further subdividing the said "Out Parcel" above-described, Into
numerous smaller lots which, so far as they bounded the aforesaid properties of Messrs. Tippett
and Slack, Ignored the long established and clear boundary line of the center line of the run.
34. The said subdivision plan Includes a statement and certification: "It Is hereby certified
that the undersigned has legal or equitable IIlIe to the land shown hereon," There Is a further
10
statemenlthat the equitable owner is Highlands of Hampden Square Partnership. The statement
Is then signed by the managing partner of Hampden Square.
35. Based at least parlly upon said representallon, the said subdivision plan was
recommended for approval by the Hampden Township Planning Commission on May 11, 1989.
was reviewed by the Cumberland County Planning Commission on May 18. 1989, was approved
by the Hampden Township Commissioners on June 6, 1989, was approved by the Hampden
Township Engineer on September 1, 1989 and was recorded In the Recorder's Office aforesaid
on September 1, 1989 In Plan Book 59, page 3 under the title: "Preliminary/Final
Subdivision Plan of Highlands of Hampden Square, Phase III".
36. Pursuant to said erroneous survey and plan, the said Highlands of Hampden Square
proceeded to grant and convey assorted propertlas along the boundary with Messrs. Tippen and
Slack to various Individuals and entities.
37. Among the said grants and conveyances was one from the said Highlands of Hampden
Square to Custom Homes, Inc. by deed dated November 21, 1989 and recorded November 27,
1989 In the Recorder's Office aforesaid In Deed Book "H," volume 34, page 279.
38. The descrlpllon In said deed Is as follows:
BEGINNING on the western right-of-way line of South Watertord Way, a
50 foot wide road, at the dividing line of Lots 595 and 594 of the plan of lots of
The Highlands of Hampden Squarll, Phase III, said point being located on a course
of South 14 degrees 00 minutes 00 seconds East a distance of 236.74 feet from
the center of Bentley Road, a 50 foot wide road; thence along said westem right-
of-way line on a course and distance of South 14 degrees 00 minutes 00 seconds
East 119,52 filet to a point; thence along Lot 593 of the aforesaid plan and along
the center of a 20 foot storm sewer easement on a course and distance of South 76
degrees 00 minutes 00 seconds West 203.44 feet to a point; thence alone land
now or formerly of Charles E. Slack on a course and distance of North 10 d90rees
27 minutes 52 seconds West 119.75 feet to a point; thence along Lot 595 of the
aforesaid plan on a course and distance of North 76 degrees 00 minutes 00
seconds East 196,05 feet to the point of BEGINNING.
CONTAINING therein an area of 23,874 square feet or 0.5481 acres,
more or less. (emphasis added)
39. The said Custer Homes, Inc. granted and conveyed the aforesaid described property to
David F. Stirling and Linda A. Stirling, his wile, the Defendants herein, by deed dated June 29.
1990 and recorded July 2, 1990 In the Recorder's Office aforesaid In Deed Book "Q," volume
1 1
34. page 671.
40. Said de80rlpllon along Plaintiff's boundary and Defendant's alleged boundary has
resulted In an adverse claim on record 10 Plaintiff's property In that the Defendant's claimed
boundary line clearly crosses the long established and clear real boundary line between
Plalnllff and Defendant as Is shown on E.hlblt F.
41 . As a result of the above staled errors and false claims 10 an Improper and unlawful
boundary, there Is a cloud upon Plaintiff's tllle.
42. The said cloud renders the said Plalnllff's said property less than marketable In that It
exposes the Plalnllff, or any assignee, grantee, devisee, or the like of the Plaintiff to the
hazards of litigation.
WHEREFORE, The Plaintiff respectfully requests Ihat a Rule be granted on Defendants to
show cause If any they have, why they should not bring an action of eJectmont or be forever
barred frOM asserting any right, tille, claim or Interest In said land.
Respectfully submllled,
-L(~--~~~
Charles E. Shields, III
Mellon Bank Bldg.
? West Main Street
Mechanlcsburg, PA 17055
(717) 766-0209
Allomey 1.0.# 38513
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